Archive for the 'FBI' Category

Concerning James Comey, Hillary And Guns

BY Herschel Smith
3 months, 3 weeks ago

David Codrea:

Whereas Hillary can skate on perceived reckless conduct when Comey himself acknowledges it is “a felony to mishandle classified information either intentionally or in a grossly negligent way,” gun owners also deemed guilty of recklessness now face a “terrifying new precedent,” per a Conservative Review analysis of the Supreme Court’s 6 -2 decision in the Voisine case.

“[T]he court ruled that crimes of recklessness rise to the same level as ‘misdemeanor crimes of domestic violence’ which preclude individuals convicted of such a crime from firearm ownership by federal law,” the article explains.

“Congress was not worried about a husband dropping a plate on his wife’s foot or a parent injuring her child by texting while driving,” Justice Clarence Thomas protested in his dissent.

Yea, we’ve discussed that case before.  And I agree with David that the defendants were not the outstanding citizens you want for such cases, but of course that’s irrelevant.  It often takes defendants that who are otherwise less than outstanding citizens to prove the larger point being made, i.e., rights applies to all men, not just the pretty people.

But it gets even worse than that.  As we’ve seen, in the words of Justice Elena Kagan, “… the word “use” does not demand that the person applying force have the purpose or practical certainty that it will cause harm, as compared with the understanding that it is substantially likely to do so. Or, otherwise said, that word is indifferent as to whether the actor has the mental state of intention, knowledge, or recklessness with respect to the harmful consequences of his volitional conduct.”

Notice the words intention, substantial likelihood, and recklessness.  The point is that this list of potential infractions that would prohibit firearms ownership can be construed to be virtually anything concocted by the mind of the executive.  Stay away from law enforcement.  Don’t ever involve them in anything.  Give them wide berth.

As for Hillary, did you really think the administration would hold her accountable?  I didn’t and said so to those around me.  Laws apply to little people.  If you’re reading this, you are a little person.  Act and plan accordingly.

Cluelessness Regarding What’s At Stake In The Apple Versus FBI Fight

BY Herschel Smith
8 months, 1 week ago


I guess this isn’t that surprising, but as the big legal fight heated up this week between Apple and the Justice Department over whether or not Apple can be forced to create a backdoor to let the FBI access the contents of Syed Farook’s iPhone, all of the major Presidential candidates have weighed in… and they’re all wrong. Donald Trump is getting the most attention. Starting earlier this week he kept saying that Apple should just do what the FBI wants, and then he kicked it up a notch this afternoon saying that everyone should boycott Apple until it gives in to the FBI. Apparently, Trump doesn’t even have the first clue about the actual issue at stake, in terms of what a court can compel a company to do, and what it means for our overall security.

This isn’t another Trump-bashing post.  I’ve had my share, and it’s so easy.  But in this case, every other presidential candidate – every other presidential candidate – is close to being as bad on the issue, and lacks even a basic clue as to what’s at stake.

There is also misunderstanding within the field who purports to comprehend the technology of the issue.  This post at Zero Hedge is an example.

On the surface, this appears like valiant attempt by the CEO of the world’s most valuable company to stand up against the Big Brother state made so famous in the aftermath of the Edward Snowden revelations.

However, a quick peek beneath the surface reveals something far less noble and makes Tim Cook seem like you average, if very cunning, smartphone salesman.

According to the The Daily Beast’s Shane Harris, in a similar case in New York last year, Apple acknowledged that it could extract such data if it wanted to. But the real shocker is that according to prosecutors in that case, Apple has unlocked phones for authorities at least 70 times since 2008. (Apple doesn’t dispute this figure.)

As Harris observantly adds, “in other words, Apple’s stance in the San Bernardino case may not be quite the principled defense that Cook claims it is.”

To this, my oldest son Josh sends the following.

He doesn’t understand the subject matter. He’s in over his head and backing in to a predisposition.

Apple was unlocking phones years ago, when security feature such as system-wide encryption hadn’t been implemented. It was a different kind of “unlocking.” This isn’t a fight over keys to a single device. This is a fight over encryption, which the government doesn’t want any of us to have, because the government is run by political science and history majors.

Of note is the fact that any device from the 4th generation forward (beginning with 5s) is impossible – IMPOSSIBLE – to decrypt without the actual key, because Apple has moved encryption duties to a separate System On A Chip (SoC) that runs its own OS, is married to the device by UUID, and totally inaccessible.

The phone the FBI is freaking out over is a 5c, not a 5s.

The FBI doesn’t need the phone. They have what they need already. This is about encryption. The government needs an event they can point to and blame for encryption, and they’ve chosen this one.

This is the politics of control and power. To categorize it as a publicity stunt is disingenuous to the point of being dangerous.

Note that we’ve discussed here and here the weaknesses in random number generators and the ability to hone in on keys, but Apple has a feature that cuts the entire system off and erases data if this approach is tried beyond just a few random numbers.

Concerning this report, Josh also send the following.

The phone was in the possession of the San Bernardino County Department of Public Health in the hours after the attack. An idiot IT worker with the department performed a remote reset of the iCloud account attached to the device.

This disabled an assortment of services and functions on the phone, including automatic backups to iCloud, which the FBI seems to think would have been helpful, even though they’re also encrypted.

They’re fixating.

Bottom line.  The fedgov has not asked for Apple to break into this phone.  They have asked Apple to develop an approach that allows them to completely bypass all security, thus making them malleable to a FISA court ruling for any or all phones in the future.

All of your worst suspicions are true.  This is the government at its most totalitarian.

We’re All Under Surveillance

BY Herschel Smith
3 years, 10 months ago

We’re all under surveillance.

The FBI has the e-mails of nearly all US citizens, including congressional members, according to NSA whistleblower William Binney. Speaking to RT he warned that the government can use information against anyone it wants.

­One of the best mathematicians and code breakers in NSA history resigned in 2001 because he no longer wanted to be associated with alleged violations of the constitution.

He asserts, that the FBI has access to this data due to a powerful device Naris.

This year Binney received the Callaway award. The annual award was established to recognize those, who stand out for constitutional rights and American values at great risk to their personal or professional lives.

RT: In light of the Petraeus/Allen scandal while the public is so focused on the details of their family drama one may argue that the real scandal in this whole story is the power, the reach of the surveillance state. I mean if we take General Allen – thousands of his personal e-mails have been sifted through private correspondence. It’s not like any of those men was planning an attack on America. Does the scandal prove the notion that there is no such thing as privacy in a surveillance state?

William Binney: Yes, that’s what I’ve been basically saying for quite some time, is that the FBI has access to the data collected, which is basically the e-mails of virtually everybody in the country. And the FBI has access to it. All the congressional members are on the surveillance too, no one is excluded. They are all included. So, yes, this can happen to anyone. If they become a target for whatever reason – they are targeted by the government, the government can go in, or the FBI, or other agencies of the government, they can go into their database, pull all that data collected on them over the years, and we analyze it all. So, we have to actively analyze everything they’ve done for the last 10 years at least.

And here I thought that maybe our government would be doing needful things like finding and shutting down MS-13, and preparing for Hezbollah sleeper cells inside the U.S. to become operational.

It’s really we, the citizens, who are the biggest threat to the country.  See how much I know?  I wouldn’t have guessed it.

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